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Home My WebLink AboutPSAB Agenda Packet 02192020Public Safety Advisory Board February 19, 2020 – 6 p.m. City of Port Angeles Fire Department Attendees: Members Alan Barnard, Chairman Evan Brown Kathleen Graf Pamela Lindquist Lourene O’Brien, Vice-Chair Alan Oman Thomas Mitchell Kiara Schmitt Shana Scott Teresa Sesma-Meyers Ed Zoble Staff Police Chief, Brian Smith *Deputy Police Chief, Jason Viada Fire Chief, Ken Dubuc *Asst. Fire Chief, Mike Sanders Catherine Dewey, Board Secretary Guest(s): Kelsey Lane Agenda 1.Roll Call, Announcements and new agenda items ................................................................ Alan Barnard 2.Approval of Minutes ............................................................................................................. Alan Barnard 3.Old Business a.Current members – must complete new Application if interested and return to Kari Martinez Bailey (City Clerk)…………………………………………..…………………..Alan Barnard 4.New Business a.Applicant Kelsey Lane introduction and voting……………………………………..Alan Barnard b.Police Department Report………………………………………………….Chief Smith & Deputy Police Chief Viada 1.Community Participation 2.New Regulations regarding police use of deadly force 3.Independent investigation teams 4.PSAB Board Members interview detectives assigned to the Independent Investigative Team c.Fire Department Report............................................................................................. Chief Dubuc 5.Other Business 6. Public Comment 7. Good of the order ................................................................................................................... Members 8. Adjournment Next Meeting – March 18th, 2020 at the Port Angeles Fire Department Independent Investigation Team (I.I.T.) RCW 10.114.011 Requires That where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies. The independent investigation is a criminal investigation and state law requires an “independent investigation” completely independent of the involved agency. Good Faith Constable Ray Hawkins Panola County MS End of Watch 12/12/19 •An objective standard which shall consider all of the facts, circumstances, and information known to the officer at the time to determine whether a similarly situated reasonable officer would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual Great Bodily Harm Sergeant Kaila Sullivan Nassau Bay TX End of Watch 12/10/19 •Bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ Law Enforcement in Washington or, “we are not in Yosemite Valley any more Toto..” Substantial Bodily Harm Detective Joe Seals Jersey City NJ End of Watch 12/10/19 •Bodily Injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part Completed Investigation •The final work product of the IIT for the purpose of informing the prosecuting attorney’s charging decision. An independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies IIT •A team of qualified and certified peace officer investigators, civilian crime scene specialists, and at lest two non-law enforcement community representatives who operate completely independent of any involved agency to conduct investigations of police deadly force incidents An IIT is Created •When multiple law enforcement agencies enter into a written agreement to investigate police use of deadly force incidents in their geographical regions. A single agency may fulfill the IIT function provided it is not the involved agency 5 Fundamental IIT Principals •Independence •Transparency •Communication •Credible Process •Credible Investigators The Involved Agency Will •Immediately call the IIT. Then the primary focus of the involved agency shifts to the protection and preservation of evanescent (perishable) evidence in order to maintain the integrity of the scene until the IIT arrives. Once the IIT Arrives •And the IIT Commander has the appropriate resources on scene, the involved agency will relinquish control of the scene to the IIT NO Member of the Involved Agency •May participate in the investigation in any way •EXCEPT Specialized equipment belonging to the involved agency may be used under certain circumstances subject to the review of non - law enforcement community representatives NO Info. About the Ongoing Investigation •Will be shared with any member of the involved agency •EXCEPT limited briefings given to the chief or sheriff about the progress so they can manage their internal investigation and communicate with their community about progress Community Representatives •A minimum of 2 non-LE reps •Participate in selecting IIT •Review conflict of interest statements within 72 hrs. •Attend chief/sheriff briefings •Have access to completed investigation file •Review media releases •Review equipment use Non-LE Representatives Must •Sign a confidentiality agreement at the beginning of each investigation that remains in effect through the completion of investigation and contains criminal penalties for Obstructing LE and Violation of WA Privacy Act if violated. The IIT Commander Will •Provide or ensure public updates about the investigation at a minimum of once per week, even if there is no new progress to report A Family Member Will •Be notified as soon as they can be located by either the involved agency or the IIT, whichever is faster. A Member of the IIT Will •Be assigned as a family liaison within the first 24 hours and keep the family, or a family rep. apprised of all significant developments in the investigation and will give the family and the agency advance notice of all scheduled press releases The Involved Agency Will •Notify the governor’s office of Indian affairs if the person against whom deadly force was used is, or is believed to be, a member of a federally recognized tribe A Member of the IIT Will •Be assigned as a tribal liaison within the first 24 hours and keep the tribe, or the tribe’s designated representative, apprised of all significant developments of the investigation Members of the Involved Agency Will •Secure the scene and maintain scene integrity until the IIT arrives •Clearly mark and protect the perimeter •Locate and preserve evanescent evidence consistent with best practices The IIT Will •Follow accepted best practices for homicide investigations The Internal Investigation •Will be conducted by the involved agency •Is critical to maintaining public trust •Is separate and distinct from the independent investigation •The IIT Commander must create and enforce “firewalls” Firewalled Information •If any member of the IIT receives firewalled information he or she must immediately report it to their supervisor, and he or she must discontinue participation in the investigation The Chief / Sheriff Will Appoint •IIT Leadership team which will include a commander and may include a deputy commander and co- commander •At least two non-LE community representatives IIT Supervisors and Investigators Shall •Be interviewed by a panel, which includes the non-LE community representatives and other members of the IIT selected by the IIT commander •The interviews shall use pertinent criteria •Questions will be the same for all applicants The IIT Members Will •Be Peace Officers employed by a member agency of the IIT •Have previous experience as a detective or investigator or have special skills or experience necessary PAPD IIT Commander •Deputy Chief Jason Viada PAPD IIT Leaders •Detective Sergeant Tyler Peninger PAPD IIT Leaders •OPNET Sergeant Josh Powless PAPD IIT Leaders •Operations Sergeant Kori Malone PAPD IIT Leaders •Detective Corporal Dave Arand PAPD IIT Detectives •Detective Trevor Dropp PAPD IIT Detectives •Detective Erik Smith PAPD IIT Detectives •Detective Shane Martin PAPD IIT Detectives •Detective Jeff Ordona Questions Comments Concerns